We help companies protect data, comply with evolving regulations, and respond to investigations and litigation.

A global team handling highly complex and sensitive matters in all aspects of litigation.

Combining our trial and appellate strengths allows us to shape litigation strategy from the outset to maximize the likelihood of ultimate success.

Insightful guidance for clients navigating the ever-complex global economy.

We leverage technical knowledge, business acumen and legal experience to structure, prepare and negotiate innovative and effective technology-related agreements.

Members of the team have structured, negotiated and concluded a range of landmark agreements with China, most notably China's intellectual property rights agreements, market access agreement and the comprehensive US-China bilateral agreement that paved the way for China's WTO membership, covering all goods, services and agriculture in the Chinese economy. The team advises Chinese entities on their outbound commercial, investment and trade transactions, including obtaining regulatory approvals, and on the structuring of transactions and defending against trade actions. We have implemented investment strategies, structured business transactions and devised sophisticated market access strategies for multinational companies around the world, and have negotiated with and litigated against virtually every major trading nation, as well as emerging market countries. The firm has represented major multinational companies in investigations across China, Hong Kong, Japan, South Korea and Thailand. For one US-based client, we helped reduce or eliminate fines following an antitrust investigation in China, Japan and Korea, securing what has been reported as the largest-ever reduction in fines from the US Department of Justice following its investigation. Additionally, WilmerHale has conducted internal investigations for Asian businesses, including one dealing with alleged kickbacks and extortion by sales representatives and another related to a major US-based manufacturer’s acquisition of a Chinese firm for $300 million.

WilmerHale’s Investment Management Group provides sophisticated legal and regulatory advice to investment advisers, private fund sponsors, registered funds, and their independent trustees.

WilmerHale is renowned for its sophisticated representation of investors, developers, landlords, tenants, lenders and institutions on complex real estate projects and transactions.

WilmerHale has a record of success at all stages of enforcement proceedings—from informal inquiries to litigation.

WilmerHale has defended clients in hundreds of class, derivative, shareholder and individual actions alleging securities fraud, breach of fiduciary duty and other corporate misconduct.

We counsel owners, investors, lenders, developers and tenants in an array of distressed real estate transactions, including mortgage loan workouts and foreclosures, acquisitions and dispositions of distressed assets and loans, lease renegotiations, and joint venture restructurings. We work with colleagues in our bankruptcy, litigation and environmental risk management practices to provide the full range of advice needed for each transaction. Our deep experience in foreclosures serves the needs of institutional lenders and investors using the acquisition of loans and the exercise of loan remedies as a means to acquire title to properties.

We represent public companies, REITs, private equity advisers, real estate operating companies, mutual fund investment managers and pension funds in all types of real estate transactions, including acquisitions, dispositions, equity investments, restructurings, workouts and mezzanine debt. Our clients include both taxable and tax-exempt investors (including pension and endowment funds). Our tax and ERISA groups work closely with us on many transactions. We have overseen the offerings of billions of equity in public and private REITs. We are familiar with market terms and conditions on economics, including registration rights and tax protection provisions.

Since the development of the Prudential Center from what had been a blighted railroad yard in Boston’s Back Bay in the early 1960s, WilmerHale has been at the forefront of many of the most significant and complex development projects in the United States. We advise owners, developers, lenders and investors on every step of the development process—from site identification and evaluation through design, permitting, financing, construction, leasing and sale. Our projects range from big-box retail stores and industrial warehouse and distribution centers to manufacturing plants, office towers, hotels, multi-family and condominium projects, seniors housing communities, university and private research facilities, and more.

Private equity and hedge fund sponsors turn to WilmerHale for advice on complex issues relating to the design and operation of tax-efficient structures for their funds and their funds’ investments. We advise investment fund sponsors concerning optimal offshore and onshore structures for their funds and investments, including the tax consequences for US and non-US investors of holding and disposing of their investment in such funds, tax treatment of the funds under US and non-US tax regimes, and tax considerations relevant to investments to be made by such funds. We also assist funds in connection with equity investments in technology and healthcare companies.

Our highly regarded Tax-Exempt Organizations Practice advises organizations fundamental to the civic, business and intellectual life of cities and local communities around the globe. We assist US and foreign universities, museums, private foundations, and research and charitable organizations in a wide range of operational matters, including establishing nonprofit and for-profit affiliated entities and addressing all aspects of governance, benefits and compensation, lobbying and political activity, and taxation. We also consult on establishing and monitoring grant-making programs, negotiating gift agreements, establishing joint ventures, negotiating investment agreements, and an array of other issues crucial to the success of charitable endeavors. In addition to our work for traditional nonprofits and foundations, our team also helps new organizations involved in “venture philanthropy,” guiding them through new developments in nonprofit tax law. When other business and legal issues are involved, we collaborate with WilmerHale's stellar IP and IP Litigation, Labor and Employment, Real Estate, Cybersecurity and Privacy, and Corporate Practices to advise nonprofits and their affiliates.

WilmerHale has been at the forefront of complex financial restructuring and bankruptcy litigation and policy matters for decades.

A premier corporate governance and disclosure practice providing timely, tailored and practical advice to public company clients based on in-depth experience and insight.

Helping clients launch their businesses and transform their innovative ideas into successful companies.

Our cross-disciplinary team has experience in all levels of tax law. We draw on nationally renowned trial lawyers from the firm’s litigation group in order to serve clients involved in tax-related controversies. We regularly defend corporations and individuals in audits and appeals by the IRS and state tax authorities, and on a variety of tax issues in the federal and state courts. When tax controversies progress beyond the administrative stages, we seek to obtain favorable outcomes for clients through litigation or declaratory judgments at all levels of the judicial system. We have successfully represented various clients in federal income tax audits relating to employee and independent contractor issues, offshore investments and amortization of intangibles following acquisitions. We also advise corporations and individuals on the tax consequences and structuring of litigation settlements.

Battle-tested. Globally Respected.

Drawing on years of experience in the public and private sectors, our lawyers handle a range of litigation involving the federal government, state and foreign governments, and complex regulatory regimes.

Clients trust us to protect their most important intellectual property matters.

Clients’ legislative and regulatory concerns are best served by legal counsel with the deepest possible knowledge of the relevant channels of government. In legislative and regulatory matters, we advise clients and provide updates on IRS regulations and rulings in a variety of areas, including corporate tax, consolidated returns, pass-through entities, tax accounting, employee compensation, international taxation, excise taxes, financial institutions and exempt organizations. We also serve as legislative counsel to clients with respect to proposed federal tax legislation and represent clients in seeking favorable guidance from the IRS by obtaining private letter rulings regarding particular transactions or business structures, assisting clients with voluntary compliance and closing agreements and submitting comments on proposed regulations. Our experience extends to state and local levels as well, permitting a comprehensive approach to these issues. 

Clients turn to our seasoned team of attorneys—strategically located across the United States—to resolve nearly any state or local tax challenge. State and local taxes account for a high percentage of most businesses’ tax burden. There are literally thousands of these taxes that companies may or may not be subject to, depending on the nature of a given transaction and the requirements of various taxing authorities. The application of historical tests to determine whether a business is subject to state or local tax jurisdictions and the extent of its tax liability has become more difficult with the explosive growth of e-commerce, and the rules are sometimes counterintuitive and seemingly contradictory. We have structured our state and local tax practice to help clients across the United States successfully cope with the specific requirements of individual jurisdictions.

Uncompromising defense of corporations and individuals in high-profile and complex litigation and investigations.

Drawing on the collective experience of dozens of lawyers across multiple offices and practices, WilmerHale’s International Litigation Group has successfully resolved countless cross-border litigations.

WilmerHale lawyers have decades of experience advising public and private companies in all aspects of mergers and acquisitions.

With a team of lawyers recognized nationally as leading practitioners in the field, we regularly advise public and private companies, their shareholders and their key employees on tax aspects of mergers, acquisitions, dispositions and joint ventures. Clients rely on our advice to maximize their tax efficiencies and minimize their tax risks. Our clients include businesses from a wide range of sectors: technology, life sciences, publishing, telecommunications, aviation and defense, venture capital and private equity. We develop tax-efficient structures that help clients achieve business objectives and negotiate appropriate contractual protections against the assumption of unwanted tax risks.

We advise clients based in Europe on consultations with unions and works councils, and—where clients are not unionized—on the processes required to elect representatives for the purposes of information and consultation in collective redundancies and business transfers in the European Union.

Our HR Services Group combines a deep understanding of the HR marketplace and best practices with seamless access to quality legal resources. We serve companies navigating all facets of human resources management, systems, policy development and legal compliance. Whether clients require consulting, contract services, training and development programs, or strategic staffing assistance, our HR professionals have the experience to help meet their goals.

The HR Services Group is a team of senior-level certified HR professionals (non-lawyers), also with decades of combined experience, who perform discrete HR projects and/or ongoing HR counseling and support for firm clients, including HR systems assessment and development, compensation and pay equity analyses, salary surveys, benefit plan assessment and design, talent acquisition, management training, affirmative action program development, compliance/audit support, and support for EEO efforts and development of diversity and inclusion programs.

Our HR consultants work to understand a client’s business plan and existing processes to design a customized menu of services that fits the company’s objectives and budget. From the challenges facing startups to the concerns of maturing companies, our HR professionals can provide comprehensive, timely and cost-effective solutions.   

The HR Services Group guides affirmative action program development and reporting (including EEO-1 and VETS-4212 reports), statistical analysis, self-audit monitoring support, and OFCCP audit support, teaming with our employment lawyers who bring affirmative action legal experience to ensure a unique complement of legal and HR proficiency for our clients at a highly competitive price point. Should an audit occur, our legal and HR affirmative action teams will jointly manage the audit process from the day the compliance review notice is received, through the many requests for information, possible on-site representation, and through closure, continually working to manage and minimize client risk at each step in the process. We are proud of our track record for successful closure of client audits.

Leveraging our sophisticated technical, market and legal experience to help clients effectively and efficiently manage complex transactions and get the deal done.

Labor and employment claims often are prolonged and may include discrimination, wrongful discharge, whistleblower claims and retaliation, along with claims of fraud, breach of fiduciary duty, breach of contract, and tortious interference arising out of business relationships and transactions, and we have the skills to handle cases with any level of complexity. Our record of achievement extends to all facets of employment litigation and dispute resolution in the US and European courts and administrative agencies, such as the US Equal Employment Opportunity Commission and the US Department of Labor. We also have experience representing companies in class actions brought by employees, and in post-trial and appellate litigation.

Even in the best-managed businesses, employment disputes inevitably arise, and can result in litigation. We encourage active client participation in determining goals, strategies and tactics and in evaluating risks and costs associated with the litigation process.

Within the US, we represent clients at trial and on appeal at both the state and federal court level in multiple jurisdictions, in claims that span all areas of employment law, including discrimination, harassment, retaliation, wrongful termination, privacy, wage and hour, ERISA allegations and matters arising from executive employment agreements, non-competition and confidentiality agreements, and severance agreements—as well as in Sarbanes-Oxley and Dodd-Frank and other whistleblower cases, nationwide class actions, post-trial litigation, complex settlements, and negotiations in multiple plaintiff cases. In recent years, we have litigated cases of first impression and under the wage and hour laws resulting in beneficial outcomes for our clients. We also regularly represent clients before administrative agencies, including the US Equal Employment Opportunity Commission; the US Department of Labor, Wage and Hour Division; the US Occupational Safety and Health Administration; the US Office of Federal Contract Compliance Programs; the National Labor Relations Board; state fair employment practice agencies; and state departments of labor.

Sarbanes-Oxley and Dodd-Frank broadened whistleblower protections to include other federal offenses and enhance remedies, and protect corporate whistleblowers bringing claims of fraud and SEC violations against their employers. Countering such claims effectively requires not only an excellent employment law team, but also skilled securities and corporate lawyers. The depth and collaboration of WilmerHale’s Labor and Employment, Corporate, and Securities Practices mean we can successfully counsel and defend clients on all aspects of the matter.

We counsel clients in all facets of traditional labor law, both in the United States and internationally. We have represented many clients in administrative proceedings before the National Labor Relations Board and in union elections.

Named an “FCPA Powerhouse” and “Practice Group of the Year,” we have been involved in some of the most notable public and non-public cases and key developments related to FCPA and anti-corruption issues.

WilmerHale offers one of the world’s premier international arbitration and dispute resolution practices.

We offer clients exceptional insight in dealing with competition agencies in the United States, Europe and around the world.

“The firm is at its best during a fight—whether that’s against an enforcer, or in court against a private litigant.” — Global Competition Review

Antitrust and Competition

Antitrust and Competition

Antitrust and Competition

By patenting their innovations, our clients increase the value of their intellectual property and enhance their ability to compete in the marketplace. We work with laboratory and research teams and R&D and product development groups to determine whether, when and where it is in our clients’ business and technical interests to seek patent protection. And we don’t just file patent applications. Drawing on our experience with patent litigation, corporate financings and technology transactions, we implement IP strategies that conserve resources, add measurable value and give our clients a cost-effective and commercially practical competitive edge.

We help clients obtain more than 750 US and foreign patents each year, covering innovations that span the technological spectrum, including aerospace, biochemistry, biotechnology, business methods, chemistry, computer science, fuel cells, genetics, high-speed data communication, integrated circuits, materials science, medical devices, nanotechnology, pharmaceuticals, semiconductor devices and processes, and software.

We also prepare and prosecute patent applications internationally under the Patent Cooperative Treaty and by working with a network of seasoned patent lawyers around the world. Our experience extends to appeals, interferences and opposition proceedings within the US Patent and Trademark Office, the US Court of Appeals for the Federal Circuit and the European Patent Office.

We provide legal insight and practical solutions for one of the most complex and highly regulated areas of business.

Intellectual Property Litigation

A deep and diverse practice focused on maximizing tax efficiencies and minimizing tax risks for clients nationally and internationally.

Providing comprehensive solutions for the acquisition, enforcement and protection of IP.

Antitrust and Competition

Our China Trade Practice offers a unique combination of services bringing together prominent policy, regulatory and government relations capabilities in China with premier in-country business and transactions experience.

International Trade, Investment and Market Access

WilmerHale is uniquely positioned to provide counseling, strategic advice and litigation representation to clients confronting issues involving both antitrust and intellectual property law—and the intersection between the two.

International Trade, Investment and Market Access

Intellectual Property Litigation

WilmerHale’s corporate lawyers have a long history of experience with cross-border deals involving mergers and acquisitions, public offerings and capital markets, venture capital, joint ventures and other transactions.